The prosecutor's appeal is dismissed.

1. The lower court’s sentence (three million won of a fine) against the Defendant in summary of the grounds for appeal is too unhued and unreasonable.

2. The Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, should respect the determination of sentencing in cases where there exists a unique area of the first instance court, and there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court is not beyond the reasonable scope of discretion.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). There was no change in the conditions of sentencing compared to the original judgment as the new sentencing data was not submitted at the trial court. In full view of the following: (a) Defendant’s age, character and conduct and environment; (b) motive, means and method of the instant crime; and (c) circumstances after committing the instant crime, etc., the lower court’s sentencing against the Defendant cannot be deemed to have exceeded the reasonable scope of discretion because the sentencing of the Defendant is too narrow, and thus, exceeded

The prosecutor's assertion is without merit.

3. The appeal by the conclusion prosecutor is dismissed.